The Motor Vehicle Owners’ Right to Repair Act, are several bills introduced to the United States Congress last February. If passed, the bill would require automobile manufacturers to give independent repair shops access to the same repair information their approved repair shops have. The legislation hopes to give consumers a choice to pick a repair facility best suited to their particular needs.
It is important to note, however, that under the California Lemon Law, a vehicle owners must give a manufacturer authorized dealer a reasonable number of repair attempts before their vehicle can be considered a lemon. While, the Right to Repair Act will give consumers more choice of where to take their vehicles, it may also negatively affect their lemon law rights. Continue reading →
One of our clients had recently purchased a 2010 Chevrolet Traverse which developed several issues related to the rack and pinion steering, headlamps, and climate control system. The vehicle also started leaking oil. The dealer tried unsuccessfully to repair these concerns on at least nine (9) separate occasions totaling 56 days out of service. After many weeks of frustration and inconvenience, paying for insurance, and being without his car the client researched the California lemon law on the internet, and contacted us to ask us to help him get rid of the vehicle and have it repurchased by the manufacturer.
We sent a demand to the manufacturer based on the vehicle qualifying as a lemon under the California lemon law statute and within several weeks were able to negotiate a full repurchase of the vehicle. Our client was able to recover his down payment and almost two years of monthly payments, plus get the manufacturer to pay off the balance of his loan.
If you think you’re driving a new or used car which started having substantial problems while still under the manufacturer’s new car warranty, you should contact the Law Offices of Delsack & Assoc., P.C. at 888-395-3666 or go to calemonlaw.com to determine whether we can help you get rid of your car and get your money back.
A California Court of Appeal ruling last September may seem like a small victory for one business owner, but the courts decision is setting a precedence that will affect future decisions across the country when it comes to small business automobiles with a gross vehicle weight (GVWR) of 10,000 pounds.
Daniel Joyce, a licensed contractor from Petaluma first started having problems with his Ford F-250 shortly after purchasing it brand-new in 2006. Joyce decided to sue Ford, but the case was overturned saying that the truck was not covered by the lemon law because the GVWR was 10,000 pounds. After a four year battle, court finally issued a ruling siding with Joyce saying that it is the actual weight of the vehicle that counts. This decision is a victory for the consumer and could help other business owners who may be in a similar situation.
If you think you own a lemon these are the 7 most important defenses to create a good lemon law case to help to get your car repurchased.
Bring your car in early. At the first sign of a manufacturing problem get a repair order from an authorized dealer. If the manufacturer buys your car back, the lower the mileage of the first repair, the lower will be the use fee deduction, and the greater the amount you may get back.
Always get a copy of the work order when you leave the vehicle; and always get a copy of the actual completed repair order when picking up the vehicle. Be sure the work order accurately shows your complaints. If the problem recurs, even if only 5 minutes later, get a new and separate repair order. Do not let the dealer add on to the earlier one. If possible, have the technician write on the repair order that they verified your complaint.
Be consistent in your complaints. The California lemon law states that the manufacturer must be allowed a reasonable number of repair attempts to fix the same problem. So be sure that the way your complaint is written on the repair order shows that you are describing the same problem.
Check the technical service bulletins or TSBs. These are issued by manufacturers for common defects for your specific year and model. Usually the dealer will not tell you about TSBs, unless you ask. Even if they tell you none exist, make sure that your request is written on the repair order. Check our website at calemonlaw.com to see the current technical service bulletins for your car.
Watch out for bad advice. Dealer service personnel are not lawyers. They may give you bad advice about the California lemon law which may affect your decision about how to handle your problem. If you have a question call us. Don’t be swayed by remarks that you are the cause of your car’s problems, like you don’t know how to use the brakes, or the NAV system, or it’s because you live on a hill, or you are using bad gas. These are just excuses for a problem the dealer doesn’t know how to fix.
Watch out for arbitration. Some manufacturers suggest that you have to go through arbitration before you can use the California lemon law. That is not true! In fact, it can be very dangerous because the ruling of an arbitrator has the same effect as if it were a decision made in a court of law. And if the ruling is against you, it could then become considerably more difficult to later win your case.
The final step is to call our offices for a free consultation as soon as you think you have a lemon. And in most cases we will not charge you any fees for handling your lemon law case. So call us today at 888 ex lemon or 888-395-3666 or complete the short submittal form on our website calemonlaw.com.
Life is too short to live with a lemon, especially if we may get rid of it for you and get you your money back. We look forward to hearing from you.
California Lemon Law in Los Angeles: 310-475-1700
California Lemon Law in San Francisco: 415-285-5366
California Lemon Law in Fresno: 559-382-0359
California Lemon Law in Long Beach: 562-282-9909
California Lemon Law in Oakland: 510-545-9083
California Lemon Law in Orange County: 949-856-4333
California Lemon Law in Palm Springs: 760-395-1000
California Lemon Law in San Diego: 619-229-6900
California Lemon Law in San Fernando Valley: 818-837-0500
California Lemon Law Specialist Kurt Delsack has been protecting California lemon law clients since 1987 and has recovered millions of dollars for thousands of clients. Representing clients to the highest legal standards under the California lemon law, we pride ourselves in obtaining the most favorable results without going through the arbitration process, which could have a significant negative impact on any future legal action you may bring against the manufacturer. The first step in getting rid of a lemon vehicle is to know if your vehicle qualifies under the California lemon law. The above video offers easy steps that will help you see if your vehicle qualifies as a lemon. Your vehicle could qualify if:
1. You have repeated problems related to the safety, value, or use of your vehicle.
2. The vehicle was purchased or leased as new for personal and most small business use.
3. Or, if the vehicle is used, it was purchased while the manufacturer’s original, new car warranty was still in effect.
4. Finally, the manufacturer has had a reasonable number of repair attempts. A reasonable number is four repair attempts for the same or similar problem; or only two times if it is likely to cause serious bodily injury; or if the vehicle has been out of service, in the hands of an authorized dealer, for more than 30 days during the first 18 months or 18,000 miles; AND is still not repaired.
These are not absolute requirements to demand a repurchase on your vehicle. There are many situations which do not meet these guidelines but which may still entitle you to the lemon law protections.
If you think you have a lemon, call us today at 888-EX-LEMON or 888-395-3666 for a free consultation, or complete and submit the short form on our website at www.calemonlaw.com.
Life is too short to live with a lemon, contact our offices and “Get Rid Of Your Lemon Today! CALL:
